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    <title>1972 (9) TMI 134 - ALLAHABAD HIGH COURT</title>
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    <description>Penalty under section 15-A(1)(b) of the U.P. Sales Tax Act could not be imposed before completion of the relevant year&#039;s assessment because the tax payable had not yet been determined. The assessing authority could examine the correctness of the returns only at the stage of regular assessment, and a later amendment to rule 41(3) was prospective and did not apply. On the date of the penalty order, the assessee&#039;s admission of escaped turnover could not be relied on, as the authority lacked jurisdiction to use it for penalty at that stage. The penalty order was therefore unsustainable in law.</description>
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    <pubDate>Tue, 19 Sep 1972 00:00:00 +0530</pubDate>
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      <title>1972 (9) TMI 134 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=150484</link>
      <description>Penalty under section 15-A(1)(b) of the U.P. Sales Tax Act could not be imposed before completion of the relevant year&#039;s assessment because the tax payable had not yet been determined. The assessing authority could examine the correctness of the returns only at the stage of regular assessment, and a later amendment to rule 41(3) was prospective and did not apply. On the date of the penalty order, the assessee&#039;s admission of escaped turnover could not be relied on, as the authority lacked jurisdiction to use it for penalty at that stage. The penalty order was therefore unsustainable in law.</description>
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      <pubDate>Tue, 19 Sep 1972 00:00:00 +0530</pubDate>
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